South Australian Consolidated Acts South Australian Consolidated Acts19A—Ombudsman may issue direction in relation to administrative act
(1) The Ombudsman may,
by notice in writing, direct an agency to which this Act applies to refrain
from performing an administrative act specified in the notice for any period
specified in the notice.
(2) A notice or
notices issued under this section must not require an agency to refrain from
performing an administrative act for more than 45 days in aggregate.
(3) The Ombudsman must
not issue a notice under this section unless satisfied—
(a) that
the relevant administrative act is likely to prejudice—
(i)
an investigation or proposed investigation; or
(ii)
the effect or implementation of a recommendation that
the Ombudsman might make as a result of an investigation or proposed
investigation; and
(b) that
compliance with the notice by the agency would not result in the agency
breaching a contract or other legal obligation or cause any third parties
undue hardship; and
(c) that
issue of the notice is necessary to prevent serious hardship to a person.
(4) The Ombudsman may,
at any time, revoke a notice under this section and must revoke a notice if
satisfied that the notice should not have been issued because the
circumstances did not fall properly within those described in
subsection (3).
(5) If, following
receipt of a notice under this section, the agency is of the opinion that, in
the circumstances, failure to comply with the terms of the notice would be
reasonable and justifiable, the agency may determine not to comply with the
notice (in which case it must advise the Ombudsman of that determination, in
writing, as soon as practicable).
(6) If an agency that
has received a notice under this section fails to comply with the terms of the
notice, the following provisions apply:
(a) the
principal officer of the agency must, at the request of the Ombudsman, report
to the Ombudsman within the time allowed in the request on the reasons for the
agency's failure to comply with the notice;
(b) if,
following receipt of the principal officer's report, the Ombudsman is of the
opinion that the agency's failure to comply with the notice was unjustified or
unreasonable, the Ombudsman may make a report on the matter to the Premier;
(c)
the Ombudsman may forward copies of any report to the Premier to the Speaker
of the House of Assembly and the President of the Legislative Council with a
request that they be laid before their respective Houses.
(7) A power or
function of the Ombudsman under this section must not be delegated.
(8) This section does
not apply in relation to the sheriff.